About 10 years ago, I wrote a blog post titled, “9 Things to Do or Consider Before You File a Lawsuit.” Even though it’s been a decade, all the points made are still just as timely now as they ever were. Therefore, in a series of nine posts, we where we will examine each of those points in greater detail, starting with determining what your causes of action are.
Understanding Causes of Action
The first step before filing a lawsuit is identifying your causes of action, also known as legal claims. These are the foundations of your case, as they define what you are suing for and the legal grounds upon which your lawsuit rests. Some common causes of action are “breach of contract,” “copyright infringement,” and “tortious interference with business relationships.” Causes of action can be based on common law or statute, but you must have one before you can properly file a lawsuit.
What is a Cause of Action?
A cause of action is a set of facts sufficient to justify a right to sue. According to Trawick’s Florida Practice and Procedure, a cause of action is “the right to institute a judicial proceeding,“ which means it is the basis upon which you are claiming a legal right. Civil actions are judicial proceedings for the determination of a controversy, typically to enforce obligations and duties between parties.
Each cause of action has its own elements, each of which must be proven for that claim to succeed. For instance, in defamation, the elements are:
- Publication: The statement was made to a third party.
- Falsity: The statement was false.
- Fault: The actor must have acted with knowledge or reckless disregard for the falsity if it concerns a public official, or at least negligently if it concerns a private person.
- Damages: Actual damage to the plaintiff’s reputation.
- Defamatory Nature: The statement must be defamatory.
Why Identifying Claims is Crucial
Determining your causes of action is crucial because it shapes the entire lawsuit. Each claim has specific elements that must be met, and evaluating whether you “have a case” involves assessing if enough facts exist to satisfy each element. For example, in one defamation case, the Middle District of Florida found that the complaint satisfactorily showed the first element, “publication,” by claiming that on January 7, 2011, the defendant posted to her website various allegedly defamatory assertions regarding the plaintiff. However, the Court continued, the complaint did not include any facts to allege that the defendant’s statements were false or that the defendant had actual knowledge of the falsity. The Court also held that, although the plaintiff claimed that his “reputation has been ruined by the Defendant,” he failed to assert any facts to establish actual damage to his reputation as a result of the statements in the defendant’s January 7, 2011, website post. The court dismissed the case because elements were missing. Warner v. Schmidt, 8:11-CV-0128-T-17EAJ, 2011 WL 2784492, at *2 (M.D. Fla. July 15, 2011)
In another example, the plaintiffs, attorneys representing a client in a lemon law suit, claimed tortious interference with their fee agreement after the defendant dealership settled directly with their client. The Court explained that one of the essential elements of tortious interference is that there must be an “intentional and unjustified interference” with a business relationship or contract. The court found there was no “unjustified” interference because the dealership’s settlement offer honored the terms of the fee agreement, and the attorneys retained their right to enforce the contract against their client. Ingalsbe v. Stewart Agency, Inc., 869 So. 2d 30, 36 (Fla. 4th DCA 2004)
Affirmative Defenses, including Statutes of Limitations
Another important reason to determine your cause of action is that different causes of action can invite different affirmative defenses. One of the biggest affirmative defenses is the statute of limitations, which is the time limit within which you must file your lawsuit. In Florida, different causes of action have different statutes of limitations. For instance, a plaintiff has five years to file a claim based on a breach of written contract, but only four years if the claim is based on an oral contract. The statute of limitations for defamation and negligence are even shorter, at two years. Filing a lawsuit after the statute of limitations has expired can result in your case being dismissed, regardless of its merits.
Other affirmative defenses vary also based on cause of action. To give just one example, Florida’s “impact rule” can be a defense in negligence cases, but does not apply to intentional torts. The impact rule requires that, before a plaintiff can recover damages for emotional distress caused by the negligence of another, the emotional distress must “flow from” a physical injury the plaintiff sustained in an impact. This rule is meant to ensure the authenticity of mental distress claims. However, in causes of action that are based on intentional acts, such as, for example, battery, this rule does not apply, allowing claims for emotional distress even without a physical impact.
Conclusion
Identifying your causes of action is the first critical step in the litigation process. It involves understanding the legal grounds of your claims, ensuring you have (or will be able to obtain) the necessary evidence to support each element, and being mindful of the applicable statute of limitations and other potential affirmative defenses. Stay tuned for the next post in this series, where we will delve into understanding and preparing for possible defenses.
If you need assistance in determining your causes of action or evaluating whether you have a case, contact our office at 407-965-5519. We’re here to help guide you through the complexities of the legal system.
Leave a Reply